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Intellectual PropertyFeaturesLitigationLJN NewslettersPatent LitigationThe Intellectual Property StrategistUnited States Supreme Court

Supreme Court Ends Laches Defense in Patent Cases

By Scott Graham
April 01, 2017

The U.S. Supreme Court on March 21 ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period. SCA Hygiene Products v. First Quality Baby Products, No. 15-927 (March 21, 2017).

The court followed the logic of its 2014 statute of limitations decision from copyright law, Petrella v. Metro-Goldwyn-Mayer, No. 12-1315 (May 29, 2014). Because the Patent Act, like the Copyright Act, contains a limitations period, the window for filing suit cannot be further shortened by laches, a 7-1 majority concluded in SCA Hygiene.

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